Legal Question in Real Estate Law in Minnesota

Answer to the Complaint

I received a summons from the attorney of a company that did work on our house. The Summons indicates that I am ''required to serve upon the Plantiff's attorney an Answer to the Complaint which is herewith served upon you within 20 days .......If you fail to do so, judgement by default will be taken against you for the relief demanded in the Complaint''

There is no Court File number indicated on the summons. The amount of the complaint is $8208. I originally expected this dispute to be handled in small claims court. My question is: Do I need to respond to the summons other than acknowleding receipt of it? In other words, am I required to Answer the Complaint? I already met with the builder's attorney and told them in front of witnesses that I would pay (and in fact, did pay) the amount I contracted for. I am being billed for amounts not on the original contract (Contractors profit and overhead) and I would be happy to go before a judge to decide whether I am required to pay the additional amount requested by the builder.


Asked on 10/29/06, 1:44 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Answer to the Complaint

You have been sued in district court. You must serve and file an Answer to the Complaint or the court may issue a judgement by default. That requires more than simply acknowledging receipt.

You may acquire the file number by calling the court administrator's office and giving him/her the name of the case. It is possible that it was not yet filed. Often a Summons and Complaint is sent to try and convince the debtor to pay the bill.

To be properly served, you must be personally served by sheriff or process server. If you received it by mail. You were not properly served.

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Answered on 10/29/06, 5:05 pm
Sam Calvert Calvert Law Office

Re: Answer to the Complaint

You should serve (and possibly file) an answer. It is possible this is a mechanic's lien case, in which event you need to file the answer with the Court Administrator; it is possible that it is not a mechanic's lien case, inwhich event you must serve the answer on the plaintiff's attorney. If you have been asked to sign an acknowledgment, your 20 days have not yet started to run; if you were personally served the time has started to run. Merely stating something "in front of witnesses" will almost certianly do you no good.

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Answered on 10/30/06, 10:31 pm


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